Journal of the House of Lords: Volume 12, 1666-1675. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Lunæ, 28 die Januarii.
Bill of Supply.
Hodie 3a vice lecta est Billa, "An Act for granting the Sum of Twelve Hundred Fifty-six Thousand Three Hundred Forty-seven Pounds, Thirteen Shillings, to the King's Majesty, towards the Maintenance of the present War."
Message from H. C. with Bills.
A Message was brought from the House of Commons, by Mr. Prynn and other; who brought up a Bill, passed the Commons, intituled, "An Act for the Relief of poor Prisoners, and setting them on Work;" to which their Lordships Concurrence is desired.
L. Norris' Bill.
Poor Prisoners Bill.
Goodwin versus Isted, in Error.
The said Transcript was presently examined by the Clerk of the Parliament with the Original Record, at the Woolsack by the Speaker; which being done, the Lord Chief Justice carried away the Original Record.
Votes for Relief of French Merchants, whose Goods were seized for being imported contrary to the King's Proclamation.
The Earl of Dorsett reported, "That the Committee have examined the Remainder of the French Merchants sworn at this Bar on Saturday last, which were intended to have the Benefit of the Votes of the House of Commons, for releasing of their Goods brought from France; and the Committee are fully satisfied, that they are Persons capable of their Lordships Commiseration, to have the Benefit and Relief of those Votes to be presented to His Majesty."
"That both House are satisfied, that the Goods claimed by several Merchants trading to France, now in the Ships, in the List annexed, are the proper Goods of Englishmen; and that no Part of them belong either to French or Dutch, or any of His Majesty's Enemies.
"That both Houses are of Opinion, That the Persons concerned in these Goods are fit Objects of His Majesty's Gracious Favour; and that an Address be made, to present their sad Condition to His Majesty, and to intercede for their Relief.
Committees of both House to attend the King with them.
The Lord Arlington was appointed to wait upon the King, from this House, to know what Time His Majesty will please to appoint, for these Select Committees of both Houses to attend Him, to present this Address to him.
Message to H. C. about it;--and with Russell's Bill.
To acquaint them, that this House hath passed the Bill for selling a Messuage at Chiswick, for paying the Debts of Edward Russell Esquire; and that their Lordships have passed the Bill of Assessment; and also to let them know, that their Lordships do agree in the Votes concerning the French Merchants, and have appointed Six Lords, to join with a proportionable Number of the House of Commons, to present the same to the King: To that End, their Lordships have sent to the King, to know what Time He will please to appoint; whereof their Lordships will give them Notice.
Report concerning Trials for Misdemeanors.
The Earl of Bridgwater reported, "That the Committee for Privileges, in Obedience to their Lordships Order on Saturday last, have perused several Precedents concerning the Demeanor of a Peer impeached by the House of Commons for Misdemeanors, and concerning the allowing of Counsel to Persons so impeached; and, upon Search, their Lordships find these Precedents following:
"24 March, 1641. The Judges impeached by the House of Commons, upon their Petition, had Counsel assigned them, for putting in their Answers, and making their Defence. So, the 17th of February, 1641, the King's Attorney General, Sir Edward Herbert, being impeached by the Commons for Misdemeanors, had several Counsel assigned him; and the 9th of March, 1641, when his Cause came to Hearing, Sir Thomas Bedding feild and Sir Thomas Gardiner Recorder of London were committed by this House to The Tower of London, for refusing to be of his Counsel, being assigned.
"Another Precedent was the 6th of April, 1642, Sir George Benyon's Case; who, being impeached by the Commons for Misdemeanors, had Counsel assigned him; and his Counsel, and a Committee of the Commons appointed to manage their Evidence, were present the same Time at this Bar when the Cause was heard.
"So in the Case of Sir Richard Gurney, Lord Mayor of London, who, upon his Impeachment from the House of Commons, had Counsel assigned for his Defence the 5th of July 1642; and the 1st of August he was to attend with his Counsel and Witnesses; and on the Second of August his Counsel pleaded in his Defence at this Bar, at which Time a Committee of Members of the House of Commons were present, and did manage the Evidence against him in Behalf of the Commons.
"The next Precedent was in the Earl of Bristoll's Case, charged with Treason by His then Majesty, who, on the 8th of May, 1626, sent a Message to the House of Peers, against the allowing of Counsel to the Earl of Bristol: Whereupon the House made an humble Address to His Majesty, the 15th of the same May, wherein they took Notice of their general Order, made the 28th Day of May, 1624, for allowing of Counsel to Delinquents, at which Time His Majesty was present in the House as Prince of Wales; to which Address His Majesty's Answer of the 17th of May did allow Counsel in all Cases of Misdemeanors, but not in Cases Capital; and yet His Majesty was pleased, in that particular Case, to allow Counsel, and observed, That the general Order for Counsel, dated the 28th of May, 1624, was made upon the Occasion of former Proceedings against the Earl of Midd.
"Another Precedent was the Earl of Stamford's Case, who, being impeached by the Commons for Misdemeanors, made his Defence, by his Counsel, at the Bar, the 30th of September, 1645, in the Presence of the Committee of the House of Commons, who managed the Evidence against him; and it appears by the Presence of Lords that Day, that the Earl of Stamford was present in the House both Forenoon and Afternoon.
Order concerning L. Mordant's Demeanor at his Trial:
The House entered into a serious Consideration of this Report, in relation to the Lord Viscount Mordant's Case, concerning his Demeanor at the Time of his Defence upon his Impeachment for Misdemeanors; and the House ORDERED, That the lower Baron's Bench should be removed, and a Stool set near the Bar, where the Lord Viscount Mordant is to sit uncovered, as a Peer, but not in the Capacity of a Judge; and that he shall be admitted Counsel for his Defence.
Message to H. C. concerning it.
To let them know, that the Lords are now ready to give an Answer to the Two Demands made by the Committee of the House of Commons on Saturday last, in the Case of the Proceedings upon the Lord Viscount Mordant's Impeachment.
L. Mordant's Manner of Trial.
"That the Lords think fit there should be a Difference in the Proceedings of Cases Capital, and Crimes and Misdemeanors which are not so; and therefore have ordered, the Lord Mordant shall not sit in his Place, but upon a Stool within the Bar, by his Counsel, uncovered.
"As to the Second Demand, though they find the Precedent of the Earl of Middlesex be as it is cited, yet they find, that about a Month after, in the same Session, there was a solemn Order made by the Lords, That Counsel should be allowed for the future unto all Persons; pursuant unto which, they find Counsel to be assigned by my Lords, who did plead in the Presence of a Committee of the House of Commons, on the Behalf of Persons impeached by them; and those were Sir George Bynion, Sir Richard Gourney Lord Mayor of London, and the Earl of Stamford; according unto which, my Lords have ordered, that the Lord Mordant's Counsel shall be heard, to plead in his Defence; for which Business their Lordships are now ready."
Upon this, Sir Robert Atkins, One of the Managers for the House of Commons, answered, "That he craved Leave to acquaint the House of Commons with their Lordships Resolutions, because they receive their Instructions in this Business from the House of Commons:" And so departed.